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(영문) 대전지방법원 2015.11.26 2015노2837
사기
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment is too unreasonable.

2. It is reasonable to take into account the following circumstances: (a) the Defendant’s mistake is against himself/herself; (b) the equitable relationship with the case where the judgment was rendered simultaneously with the final judgment; and (c) the Defendant partially repaid the amount of damage to the victim (9.7 million won).

However, in light of all the sentencing conditions, such as Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too inappropriate to the extent that the sentence of the court below is reversed, in full view of the following: (a) the Defendant is not liable; (b) the Defendant has committed each of the crimes of this case continuously for a considerable period; (c) the Defendant has been punished by imprisonment and fine due to the crime of fraud; (d) the victim is deemed to have suffered losses in excess of the amount of fraud by the Defendant; and (e) the victim was unable to agree with the victim; and (e) the victim was not making efforts to repay the damage; and (e)

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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